Tag Archives: Purchase Development Agreement

Has CCA already breached the private prison agreement with VLCIA?

And also in her recent response about the Notice to Proceed (NTP), VLCIA Executive Director Andrea Schruijer didn’t answer the other question, which was whether VLCIA had received the Preliminary Specifications ( see section 1.6.1) that appear to have been due at least half a year ago, according to the Development Schedule in Schedule 1.6.2 of the Agreement. Without those Preliminary Specifications, maybe CCA has already breached the contract.

She copied VLCIA’s attorney. Probably he could interpret the termination clauses of the contract that way….

-jsq

Third extension option offered by VLCIA to CCA for private prison?

Update: Andrea Schruijer’s answer of 21 February 2012.

Also in her recent response about the Notice to Proceed (NTP), VLCIA Executive Director Andrea Schruijer she didn’t mention this paragraph:

5.1.2. Expiration. If the Company has not issued the NTP by the expiration of the Term of the Option Agreement, then this Agreement shall expire and terminate, without any further liability on the part of any Party to the other, except as otherwise expressly provided in this Agreement.
The current, second, extension term expires 13 March 2012, one month from Monday. If there’s no NTP and no third extension before then, there’s no private prison (see 5.1.2).

So has VLCIA sent CCA terms for a third extension option? If not, this thing may be over in a month and a few days. If yes, what are those terms?

-jsq

Development Schedule for CCA and VLCIA private prison

In her recent response about the Notice to Proceed (NTP), VLCIA Executive Director Andrea Schruijer cited and paraphrased paragraph 1.6.2 of the Purchase and Development Agreement. The same paragraph points out the Development Schedule is already in the Agreement, as Schedule 1.6.2.
The Development Schedule contains, among other things, milestones for the work and assignments of responsibility to the Parties for the attainment of certain milestones.
Here it is:

So it’s not clear why she said CCA hadn’t provided a Development Schedule.

-jsq

VLCIA has not received a Notice to Proceed from CCA for the private prison

Received Wednesday. -jsq
From: Andrea Schruijer
Sent: Tuesday, February 07, 2012 3:38 PM
To: ‘Matt Flumerfelt’
Cc: ‘Steve Gupton’
Subject: RE: Notice to Proceed and Preliminary Specifications

Dear Mr. Flumerfelt,

In regards to your email of February 6, 2012, CCA has not given to the Authority a “Development Schedule” and has not received from CCA a “Notice to Proceed.” Under paragraph 1.6.2, except for some due diligence provided for in the agreement, the Parties have no obligation to proceed with design, permitting, installation or construction of the Project, prior to receiving a NTP from CCA. CCA has absolute discretion in issuing or withholding the NTP. After the issuance of the NTP the parties shall proceed with the development of the project in accordance with the Development Schedule.

Sincerely,
Andrea Schruijer

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